Common Law Marriage in the Canadian Forces - Mega Thread

[FormerHorseGuard]

If you are really concerned.

Ask to speak to the Chief clerk of your unit and they will have the latest information and have knowledge of how to the paperwork.

If still confused go to talk to the Padre, they know the rules because of the duty of informing next of kin and who gets informed first etc.

 

[QV]

I need some help finding a policy or wording relating to this in regard to common law vs separated legal spouse being entitled to health/dental benefits. My understanding from this would mean that a common law spouse trumps the separated spouse when in question of either or. Both Sunlife and CanadaLife state that it is up to the member to decide who is listed as the spouse on their benefits as both ex-wife and common law are eligible at the same time, but they will only cover one. The MPRR reflects this change as the common law spouse being the dependent, but Sunlife and CanadaLife don't seem to care that one must be listed on the MPRR in order to truly be eligible. Is it really this vague that it can be either or, or does the military have the final say in who is eligible for benefits, especially in the case where the ex is holding up a divorce because they want benefits?

Are you still married? Because if you’re not actually divorced, thats not your ex wife yet. I’d talk to a lawyer if I were you.

 

[seeds89]

Are you still married? Because if you’re not actually divorced, thats not your ex wife yet. I’d talk to a lawyer if I were you.

This has been going back and forth with lawyers since separation 3 years ago. A separation agreement is in place which includes the matter of benefits which state she is to remain under the member's benefits until they are divorced or she becomes ineligible, whichever comes first. Now that common law has been established and reflected as such on the MPRR, the common law spouse should trump the other as per QR&O 1.075 (5) "When an officer or non-commissioned member has a spouse from whom the member is separated and a common-law partner, a reference to a "spouse or common-law partner" in respect of that member means the common-law partner."

 

[QV]

Good luck.

 

[captloadie]

To be clear, I'm not offering legal advice, but you should investigate the following:
1) Can the soon to be ex-spouse be added to the plan as an other dependent (using the justification that it is a legal requirement as per a divorce/separation agreement). This will likely need to be addressed directly with the PSHCP administrator, as it is likely outside the expertise of most HRAs, especially at the junior level.
2) If it is a sticking point in getting the divorce finalized, and you can afford it, look into other options outside of the PSHCP. Maybe agree to a limited period of time, or until they are in a legal relationship with another individual.

 

[CountDC]

Don't bother with QR&O for the PSHCP, it has no bearing on or for the insurance companies. The hiccup I see is that you agreed to a separation that included maintaining your wife under your benefits. My recommendation would have been even before an agreement was reached remove her from your benefits and don't agree to put her back on, get your own bank account, cancel any joint cards and get your own (will require to be paid off so hopefully not too high). Any bills, loans, etc get separated from, these will also require payment. Simply put - get completely separated on everything possible and let the courts deal with the big items of support, property, etc. Hopefully you remembered or were advised to update your will and LTD also.

The person the insurance will cover is that person that you designate to them as your spouse, used to require a new application submitted to update their record. They will not cover both as dependents.

You mention back and forth with lawyers - does this mean you haven't taken it to court? If not you should look into it.